Scalia Agonistes

A response to the Justice's concerns in a major speech case.

Jan. 22, 2014 7:24 p.m. ET

This week's Supreme Court oral argument in Harris v. Quinn showed that four Justices seem ready to provide a major victory for First Amendment rights over monopoly union power. The conservative Justice on the fence seems to be none other than Antonin Scalia, whose concerns as always are serious and deserve a response.

As we wrote Tuesday, Pamela Harris and seven other home-care workers are challenging the decision by the state of Illinois to make them join a public union. They claim this violates their right to free...